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HomeMy WebLinkAbout2013-01-16 REGULAR TOWN BOARD MEETING January 16, 2013 A Regular Meeting of the Lansing Town Board was held at the Town Hall Board Room, 29 Auburn Road, Lansing,NY on the above date at 6:00 p.m. The meeting was called to order by the Supervisor, Kathy Miller and opened with the Pledge of Allegiance to the flag. Roll call by Debbie Crandall, Town Clerk, showed the following to be PRESENT: Kathy Miller, Supervisor Katrina Binkewicz, Councilperson Ruth Hopkins, Councilperson Edward LaVigne, Councilperson ABSENT: Robert Cree, Councilperson ALSO PRESENT: Sharon Butler Bowman, Deputy Supervisor, Guy Krogh, Town Attorney, Jack French, Highway Superintendent, Steve Colt, Park Superintendent and Recreation Director, Pat Pryor, Tompkins County Representative, John O'Neil, Village of Lansing, Dan Veaner, Lansing Star, Claes Nyberg, Dan Konowalow, Ted Laux and a couple other attendees. TOMPKINS COUNTY REPRESENTATIVE—PAT PRYOR: • Tompkins County Legislature Chair for 2013 is Martha Robertson and Michael Lane will serve as Vice Chair. • Pat Pryor will serve as Chair of the Broadband Committee. Ms. Pryor expects to receive news on the grant shortly. She will also Chair the Government Operations Committee. A new Economic Development Committee was formed for 2013 which will compliment the IDA. • Salaries for the Legislature will increase by 2% from $18,700.00 to $19,075.00 The established average work week is 30 hours a week and credited for pension retirement benefits. • The County Gun Buy Back Program by the Tompkins County Sheriff's Department and the Ithaca Police Department was very successful. It was very positive and will likely be done in the future. • The County is recommending a small increase in the mortgage recording tax. Tompkins County is slightly under compared to other Counties. There should be no effect on the Real Estate Market and is usually done through closing costs. This is anticipated to help the IDA get over the hump and stabilize within 5 to 6 years. • The February Legislature Meeting has been moved back to January 29th at 5:30 p.m. due to Legislators attending the NYS Association of Counties Conference. • The NYS Court System has required that the Legislature move out of the current County Courthouse. The second floor of the old Court House is being renovated and will become the new location of the County Legislature chambers and new offices. The renovations are expected to be complete within 4 to 5 months. Supervisor Kathy Miller asked what the mortgage tax percentage is now. Ms. Pryor did not have the current figures. Counsel Guy Krogh stated that it is $4.00 per thousand for the State and the County was an additional $2.00 per thousand and is going to increase to $2.25 per thousand. OPEN PUBLIC HEARING ON PROPOSED INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE CONSOLIDATED WATER DISTRICT AND CONSOLIDATED WATER DISTRICT EXT #1 AND #2: 1 RESOLUTION 13-46 Supervisor Kathy Miller moved to OPEN THE PUBLIC HEARING ON THE PROPOSED INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE CONSOLIDATED WATER DISTRICT AND CONSOLIDATED WATER DISTRICT EXTENSIONS #1 AND #2 IN THE TOWN OF LANSING at 6:16 pm. Councilperson Ruth Hopkins, seconded the motion and it was carried by the following roll call vote: Councilperson Katrina Binkewicz Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye Supervisor Kathy Miller stated that this has to do with the new water towers that are going up. Counsel Guy Krogh stated that this public hearing is for phase two of the project. It will involve the take down and replacement of the existing tower. CLOSE PUBLIC HEARING: RESOLUTION 13-47 All persons desiring to be heard,having been heard, Supervisor Kathy Miller moved to CLOSE THE PUBLIC HEARING ON THE PROPOSED INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE CONSOLIDATED WATER DISTRICT AND CONSOLIDATED WATER DISTRICT EXTENSIONS # 1 AND #2 IN THE TOWN OF LANSING at 6:17 pm., Councilperson Ruth Hopkins seconded the motion and it was carried by the following roll call vote: Councilperson Katrina Binkewicz Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye RESOLUTION AND PUBLIC INTEREST ORDER: RESOLUTION 13-48 RESOLUTION AND ORDER MAKING PUBLIC INTEREST ORDER IN THE MATTER OF THE INCREASE AND IMPROVEMENT OF FACILITIES OF CONSOLIDATED WATER DISTRICT AND CONSOLIDATED WATER DISTRICT EXTENSIONS #1 AND #2 IN THE TOWN OF LANSING, TOMPKINS COUNTY,NEW YORK The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board of the Town of Lansing, Tompkins County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of Consolidated Water District (including Consolidated Water District Extensions #1 and #2), in the Town of Lansing, Tompkins County, New York, consisting of the construction of a new replacement water tank at Burdick Hill Road; and WHEREAS, said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined in accordance with the 2 criteria in 6 NYCRR Section 617.5(c)(2) will not result in any significant environmental effects and will not be subject to further review; and WHEREAS, at a meeting of said Town Board duly called and held on December 19, 2012, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of the Consolidated Water District (including Consolidated Water District Extensions #1 and#2) in said Town at a maximum estimated cost of$1,500,000 of which the estimated amount of$226,650 is the District share, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Lansing, New York, in said Town, on January 16, 2013 at 6:05 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Lansing, Tompkins County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of the Consolidated Water District (including Consolidated Water District Extensions #1 and #2) , in the Town of Lansing, Tompkins County, New York, consisting of the construction of a new replacement water tank at Burdick Hill Road; at a maximum estimated cost of$1,500,000 of which the estimated amount of $226,650 is the District share. Section 2. This order shall take effect immediately. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Ruth Hopkins, duly seconded by Supervisor Kathy Miller, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye The order was thereupon declared duly adopted on January 16, 2013. AUTHORIZE ISSUANCE OF JOINT BONDS FOR THE IMPROVEMENTS OF THE FACILITIES OF CWD AND CWD EXT #1 AND #2: RESOLUTION 13-49 BOND RESOLUTION DATED JANUARY 16, 2013 A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,500,000 JOINT BONDS OF THE TOWN OF LANSING, TOMPKINS COUNTY,NEW YORK, AND THE TOWNS OF DRYDEN AND ITHACA AND THE VILLAGES OF LANSING AND CAYUGA HEIGHTS, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE CONSOLIDATED WATER DISTRICT AND CONSOLIDATED WATER DISTRICT EXTENSION#1 AND #2, IN THE TOWN OF LANSING, TOMPKINS COUNTY,NEW YORK WHEREAS, the Town Board of the Town of Lansing, Tompkins County, New York, in conjunction with the Villages of Lansing and Cayuga Heights, and the Towns of Dryden and Ithaca, has determined and agreed to participate in the provision of a joint water project for construction of a new replacement water tank at Burdick Hill Road and to contract joint indebtedness therefor in accordance with Section 15.00 of the 3 Local Finance Law pursuant to an Agreement of Municipal Cooperation for Construction, Financing and Operation of an Inter-Municipal Water Supply and Transmission System (the "Intermunicipal Agreement"); and WHEREAS, the capital project hereinafter described has been determined to be a "Type II Action" pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, it has been determined in accordance with the criteria in 6 NYCRR Section 617.5(c)(2) will not result in any significant environmental effects and will not be subject to further review; and WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of Consolidated Water District (including Consolidated Water District Extensions#1 and#2), in the Town of Lansing, Tompkins County, New York, at a maximum estimated cost of $1,500,000 with an estimated District share of$226,650; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Lansing, Tompkins County, New York, if the within resolution in substantially identical form is adopted, approved and made effective by the other participants in the aforementioned Intermunicipal Agreement as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of Consolidated Water District (including Consolidated Water District Extensions#1 and#2), in the Town of Lansing, Tompkins County, New York, consisting of the construction of a new replacement water tank at Burdick Hill Road; and; at a maximum estimated cost of $1,500,000, there are hereby authorized to be issued $1,500,000 joint bonds of said Town of Lansing, Tompkins County, New York, together with the Towns of Ithaca and Dryden and Villages of Cayuga Heights and Lansing, all of the County of Tompkins, New York, pursuant to the provisions of Title 1A of the Local Finance Law and Section 1 of Article VIII of the Constitution of the State of New York. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $1,500,000 joint serial bonds of said Town authorized to be issued pursuant to this bond resolution. The total amount of joint indebtedness to be contracted therefore is $1,500,000 and the amount initially estimated to be allocated and apportioned to the Town of Lansing is $226,650. Section 3. For the purposes of Section 15.10 of the Local Finance Law relating to the allocation of joint indebtedness, the amount of joint indebtedness to be apportioned and allocated to each of said Towns and Villages, shall be in the same proportion as the consumption of water in each of the Towns of Dryden, Ithaca, and Lansing and the Villages of Cayuga Heights and Lansing shall bear to the total consumption of water for the entire joint water distribution facility, which is estimated to be, and for purposes of determining gross indebtedness of each of said municipalities in their respective debt statements pursuant to Section 15.10 of the Local Finance Law and therefore the amount to be allocated for the purpose of ascertaining each of the respective municipalities' debt contracting powers, shall be as follows: Dryden $57,450 3.83% Ithaca $792,300 52.82% Lansing(Town) $226,650 15.11% Cayuga Heights $133,350 8.89% Lansing(Village) $290,250 19.35% Nothing in this section shall be deemed to be in conflict with or to supersede the provisions of Section 5 of this resolution relating to the annual apportionment of the amount of principal and interest on the bonds herein authorized to be issued as among 4 said Towns and said Villages, nor the manner of collection and payment of the amounts of annual debt service provided to be apportioned annually by said Section 5. The Supervisors of said Towns and the Treasurers of said Villages are hereby authorized to act jointly to make application to the State Comptroller for the allocation and apportionment of said joint indebtedness in accordance with the provisions of this section and to perform all acts and furnish all information required in connection with such application. Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 5. Subject to the provisions of the Local Finance Law and this section, the power to authorize the issuance of and to sell joint bond anticipation notes in anticipation of the issuance and sale of the joint serial bonds herein authorized, including renewals thereof, is hereby delegated to the Supervisor of the Town of Ithaca, the chief fiscal officer of said Town acting on his own behalf and on behalf of the chief fiscal officers of the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing. Such joint bond anticipation notes shall be of such terms, form and contents and shall be sold by said Supervisor in such manner as may be prescribed by a bond anticipation note certificate, as authorized by Section 30.00 of the Local Finance Law; provided, however, that any bond anticipation notes so issued shall be the joint indebtedness of said Towns and said Villages and shall be executed in the names of the Town of Dryden, the Town of Ithaca, the Town of Lansing and the Village of Cayuga Heights and the Village of Lansing, and shall be signed by the Supervisor of the Town of Dryden on behalf of said Town and shall have affixed thereto the seal of the Town of Dryden, attested by the Town Clerk of said Town; shall be signed by the Supervisor of the Town of Ithaca on behalf of said Town and shall have affixed thereto the seal of the Town of Ithaca, attested by the Town Clerk of said Town; shall be signed by the Supervisor of the Town of Lansing on behalf of said Town and shall have affixed thereto the seal of the Town of Lansing, attested by the Town Clerk of said Town; shall be signed by the Treasurer of the Village of Cayuga Heights on behalf of said Village and shall have affixed thereto the seal of the Village of Cayuga Heights, attested by the Village Clerk of said Village, and shall be signed by the Treasurer of the Village of Lansing on behalf of said Village and shall have affixed thereto the seal of the Village of Lansing, attested by the Village Clerk of said Village. The chief fiscal officer of the Town of Ithaca to whom is hereby delegated the power to authorize the issuance of and to sell such joint bond anticipation notes, shall file an executed copy of each such bond anticipation note with the finance board of each of the aforesaid municipalities prior to the issuance of the bond anticipation note or notes authorized by such certificate. Section 6. The faith and credit of said Town of Dryden, Tompkins County, New York; said Town of Ithaca, Tompkins County, New York; said Town of Lansing, Tompkins County, New York; said Village of Lansing, Tompkins County, New York, and said Village of Cayuga Heights, Tompkins County, New York, are hereby jointly pledged for the payment of the principal of and interest on said joint bonds as the same become due and payable. The principal of said joint bonds and the interest thereon shall be apportioned annually among said Towns and said Villages in accordance with the Intermunicipal Agreement hereinabove referred to in the recitals of this resolution, on the ratio which the consumption of water from the system in each of said municipalities bears to the full consumption from the entire inter- municipal water distribution facility, such ratio to be annually determined in accordance with the aforesaid Intermunicipal Agreement, the share of said principal and interest to be borne by the aforesaid Towns, shall be annually assessed, levied and collected within said Towns as follows: (a) From the several lots and parcels of land in each of the Water District No. 1, and Snyder Hill, Monkey Run, Hall Road, Turkey Hill and Royal Road Water Districts of the Town of Dryden, in the manner provided by law. 5 (b) From the several lots and parcels of land in the Town of Ithaca Burdick Hill Road Replacement Tank Water Improvement Area newly created in proportion as nearly as may be to the benefit which each lot or parcel of land therein will derive therefrom. (c) From the several lots and parcels of land in the Consolidated Water District (including Consolidated Water District Extensions #1 and #2) in the Town of Lansing, at the same time and in the same manner as other Town charges. The Village of Cayuga Heights shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due and payable, and the Village of Lansing shall annually levy and collect a tax sufficient to pay the share of said principal and interest to be borne by said Village, as the same may become due and payable. If not paid from the aforesaid sources, all the taxable real property in said Town of Dryden, and all the taxable real property in said Town of Ithaca, and all the taxable real property in said Town of Lansing, and all the taxable real property in said Village of Cayuga Heights, and all the taxable real property in said Village of Lansing shall be jointly subject to the levy of an ad valorem tax, without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same become due and payable. Section 7. The validity of such joint serial bonds and joint bond anticipation notes may be contested only if: (1) Such joint bonds are authorized for an object or purpose for which said Towns and said Villages are not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or (3) Such joint bonds are authorized in violation of the provisions of the Constitution. Section 8. Upon the adoption of this resolution by each of the aforesaid Towns and the aforesaid Villages, and the publication thereof with the notice provided for herein, the Clerks of each such Town and each such Village shall file with the Clerk of each of the other Towns and of the Villages a certified copy of this resolution and a printer's affidavit or affidavits, as the case may be, of publication thereof with the required notice or notices, as the case may be. Section 9. Pursuant to Section 15.00(m) of the Local Finance Law, the powers and duties of advertising such joint bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor of the Town of Ithaca, Tompkins County,New York, who on his own behalf and on behalf of the chief fiscal officers of the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the aforesaid Towns and Villages; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of said Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. All other matters except as provided herein relating to the joint serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same shall be determined by the Supervisor of the Town of Ithaca on behalf of the chief fiscal officers of the Towns of Ithaca, Dryden and Lansing and the Villages of Lansing and Cayuga Heights. Such 6 bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as said Supervisor shall determine consistent with the provisions of the Local Finance Law. Such joint serial bonds shall be in fully registered form and shall be signed in the name of each Town and Village by the manual signature of each respective chief fiscal officer and a facsimile of the corporate seal of each Town and Village shall be imprinted thereon and shall be attested by the manual signatures of each respective Town or Village Clerk. It is hereby determined that it is to the financial advantage of each of the Towns and Villages not to impose and collect from registered owners of such joint serial bonds charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Section 10. Any obligation issued under authority of this resolution shall contain on its face a recital in substantially the following form: "This obligation evidences the joint indebtedness of the Town of Ithaca, Tompkins County, New York, the Town of Dryden, Tompkins County, New York, the Town of Lansing, Tompkins County, New York, the Village of Lansing, Tompkins County, New York, and the Village of Cayuga Heights, Tompkins County,New York." Section 11. Upon this resolution taking effect in and with respect to this Town, and the adoption and taking effect of similar resolutions of the respective Town Boards and Village Board of Trustees of the aforesaid Towns and Villages, the same shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz duly seconded by Supervisor Kathy Miller and put to a roll call vote with the following results: Councilperson Katrina Binkewicz Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye The order was thereupon declared duly adopted on January 16, 2013. PRIVILEGE OF THE FLOOR: Dan Konowalow— 199 Algerine Road: Mr. Konowalow addressed the Board concerning the possibility of the State buying approximately 500 acres from the power plant to create a State Forest. His understanding is that the State would buy the land and pay taxes to the Town. This would not be an entire loss but at the rate of forest land. Mr. Konowalow stated there is farmland that is currently leased out that would probably continue. As a current member of the Lansing Ag &Farm Land Protection Board, he stated he would be glad to review maps and make recommendations to the Town Board. Mr. Konowalow stated this would be a golden opportunity and a once in a lifetime chance to have a property that is unique. The property would be State controlled but would allow the Town to have a piece of State Forest that its Town citizens could use. 7 Mr. Konowalow has heard other people say a housing development would be more valuable. As a qualified member of the Zoning Board of Appeals for the Town of Lansing, and with the required training over the years, he stated this would be a lousy use of the land from a planning perspective. While it might bring some actual tax revenue to the Town it is not likely to bring sales tax revenue to the County. The land is so far north that the distance to Auburn is nearly the same as to the distance to Ithaca. Mr. Knowalow understands that there are soil worksheets available for the area and the Ag and Farmland Protection Board would be glad to review them and provide advice to the Town Board. He urged the Town Board to do what is necessary to urge the State to acquire the land. The property has approximately 3500' of shoreline on Cayuga Lake and is very different from Myers Park. Supervisor Kathy Miller stated that the Town Board will be meeting with representatives from the NYSDEC and the Finger Lakes Land Trust to find out what the Town of Lansing's role would be and the effect it would have on the Town. This will be an open public meeting that will take place at the end of February, time to be announced. Councilperson, Edward LaVigne thanked Mr. Knowalow for his concern. He stated that his main concern is what the Town is going to be liable for and that a thorough review is done on this before a decision is made. TOWN ENGINEER, DAVE HERRICK—PRESENTATION ON CWD IMPROVEMENTS—BONE PLAIN: Dave Herrick had previously provided the Town Board with a packet of general information about the extent of new pressure zones and the costs of the alternatives for the proposed CWD Improvements. Mr. Herrick gave a brief history of many years of existing pressure problems on Bean Hill and the Village Circle area. With the new development of the Woodland Park Subdivision, the Tompkins County Health Department would like to see a long term solution and improvements made to the water pressure. The Village Solars project on Warren Road, with multi story buildings now require sprinkler systems as a result of the NYS Code change. Larry Fraboni, Engineer for the project has suggested that there would be savings to everyone if there was a regional solution that would develop a new pressure zone. The key components of the project in order to provide the robust new pressure zone would include a new pump station to be located on Town land at the base of the Village Circle tank. Two different types of storage tanks are being considered: 1. A 200,000 gallon Elevated Storage Tank to be constructed in the vicinity of Scofield Road and the Bone Plain Road intersection. This option is very costly and could have a very visual presence as it would sit on a pedestal and the reservoir and storage would be located in the top half. 2. A traditional 200,000 gallon ground storage tank to be constructed on Bone Plain Road in the Town of Dryden. This is the option that Mr. Herrick recommended to the Town Board and is asking them to consider this option. The Town would have to purchase the land from a private landowner. The necessary municipal agreements would have to be put in place. This project would be a Consolidated Water District Improvement Project and Mr. Herrick suggested that the focus be put on a new pressure zone for the existing user base in the CWD. The new mains and tank would be transmission improvements, and have the ability to provide service. There would be transmission facilities that provide improved 8 service for the CWD. The capital improvement for the CWD would then need authorization to complete the Map Plan and Report as the first step. Discussion followed on the difference between the cost and construction of the two tanks, capacity, location, financing the project, development, phase one and phase two completion timeframes along with Intermunicipal Agreements, landowners and easements. It was the consensus of the Town Board to have Town Engineer, Dave Herrick and Counsel, Guy Krogh map out what needs to be done under Section 202 and get a map, plan and report, estimate the cost and bring it back for Town Board approval to then move forward to a phase project. Supervisor Kathy Miller stated that she and Guy Krogh will meet with Dryden Town Supervisor Mary Ann Sumner and Director of Planning Dan Kwasnowski to work on an Intermunicipal Agreement. HIGHWAY DEPARTMENT REPORT: Highway Department Board Meeting 1/16/2013 1. Cutting brush alongside road 2. Working on Marina Wall—would like to complete the Marina Project in 2013. A sheet of totals were provided for Town Board members to complete this project. 3. Generator for Warren Road sewer will be wired on Thursday 4. Plowing and Salting roads. Overtime hours have are nearly as much as all of last year, 51 hours of overtime last year and currently have 48 hours of overtime. Basically we are back to a normal winter. PARK and RECREATION DEPARTMENT REPORT: Parks& Recreation Department Town Board Meeting 1/16/13 RECREATION • Program updates: The Skating Program, Gymnastics Session II, Indoor Soccer, Skiing, Travel Basketball, 2nd & 3rd Grade Basketball and Karate are all in progress. These programs along with our adult exercise classes, we have nearly 400 people participating. • Upcoming Programs include: The newly started "Hot Stove" Baseball Training Camp taking place this year at the YMCA starting Feb. 10— Mar. 24 on Sunday evenings. Presidents Week Basketball Camp under the direction of Adam Heck. Coming in March the return of our Spring Football Camp at The Field. We are also in the planning stages for a Rock Climbing Camp at Cornell that would take place over the Presidents holiday week. • New Programs: I have been approached by Brian Ivery with regards to starting a new Girls Introductory Lacrosse program, ages 6— 12. A lot of details need to be discussed. This will be our fourth try at a Lacrosse program of some kind. We also hope to offer Swimming Lessons on Saturday mornings during the month of March. • Dick's Sporting Goods: Contract.... I received a contract for sponsorship from Dick's this year, for the first time. I have contacted them regarding several items 9 that I feel we cannot abide by. We are currently going over these details to determine if their sponsorship will continue. PARKS • Camping Reservations: On Monday (January 14) at 7:30 AM we started processing camping reservations. By 10:00 AM we had collected just under $25K. The first person in line got to the Town Hall parking lot on Sunday afternoon at 3 PM. The "take-a-number" system worked perfectly and everyone seemed to get what they wanted, including the people that phoned. We processed more than $2000 over last year's opening day. ($25/night) • Pavilions Reservations: We started taking pavilion reservations on January 7th We have rented 36 dates as of now. • Boat Slip renewal: This season's renewal forms have been mailed to the current slip holders. These forms are due back by February 8th. This is the last year of the current 3 year term. Next year will be a lottery year... • Salt Point issues: Yesterday Patrick spent time at Salt Point picking up tires, a mattress, a couch and other garbage that was recently dropped off. We have a really nice gate at the entrance along with an excellent paved parking area located at the entrance. I think it's time to consider closing the gate, at least until spring. All areas at Salt Point are a very easy walk from the parking lot The Lansing Pathways Committee met on January 9, 2013 with Town Planner Jonathan Kanter in attendance. • Projects to consider .... Councilperson Edward LaVigne stated that the Parks &Recreation Department would like to encumber money to complete the following projects: They encumbered $9,100.00 from last year. • Replace white plastic fence by the lighthouse in Myers Park with pavers to match the flower bed in front of the Park. Pavers would cost $2,437.50. • Replace railroad ties near swim area with large stone, this would be used as curbing, for barrier between roadway and swim area/beachfront. Cost of stone would be $1,500. • Replace white plastic fence in Ludlowville Park with large stone for a more natural look. Cost of stone would be $3,000. • Replace roof on gazebo in Ludlowville Park. Cost of material would be $4,000. • Paving of roadway around large marina in Myers Park. Cost would be $25,000. Councilperson Edward LaVigne recommended that the money that was encumbered be used to complete the projects and necessary budget modifications be made. Councilperson Katrina Binkewicz also proposed a budget modification for the 2013 Budget and requested $3,000 for Management and Improvement tasks which consists of the following for Salt Point Line Item: 1. Spring Planting of 15 Large Trees along maintenance road on Beach edge along road verge on the West and North Side of Point, and center of cleared area. • Cost of trees: $1,000—Cayuga Landscape • Cost of planting: Time for Parks and Recreation employees with volunteer assistance. Stakes and wires already purchased. • BioPlex planting medium-additives to ensure survival in a dry or limited soil area $285.00 case—enough for all Park transplanting and nursery establishment for several years. 10 2. Broadcast seeding of Wild flowers in center of point where clearing occurred. • American Meadow wildflower seed—NE. Mix 25 lbs/$423.75 (1-2 acre coverage) 3. Spring planting of donated seedlings—create nursery on town center lands on the land that is in remediation by the old town garage. • DEC nursery seedlings conifers and deciduous. We will increase our order next year to include more plants that deer will not eat. These plants will be used for Salt Point and Town Center plantings in the future. * No cost— donated seedlings and labor for planting. 4. Signage—Reminders that the area is under surveillance to ensure appropriate use. No dumping. (Question of Swimming?). 5. Construction materials to create a border to keep vehicular traffic off of the point and guide it along paved area to overlook and boat access. *The telephone poles will be donated. We need rebar and anchoring materials for construction of low vehicle barrier. AUTHORIZE EXECUTION OF THE SEISMIC DATA LICENSING AGREEMENT WITH ANSCHUTZ EXPLORATION: RESOLUTION 13-50 RESOLUTION AUTHORIZING EXECUTION OF THE SEISMIC DATA LICENSING AGREEMENT WITH ANSCHUTZ EXPLORATION The following Resolution was duly presented for consideration by the Town Board: WHEREAS, many years ago the Town of Lansing leased certain lands and allowed the use of certain roads for seismic and gas exploration, and such lease and allowances were subject to many conditions, one of which was the acquisition of the seismic data so generated; and WHEREAS, the said leases have expired and been released and now the Town has obtained the agreement of Anschutz Exploration to deliver to the Town the seismic data, mainly for assistance in mapping aquifers in the Town, upon the terms stated in such prior agreements; and WHEREAS, upon due deliberation and a review thereupon, the Town Board of the Town of Lansing has duly RESOLVED, that the Supervisor and/or Deputy Supervisor be and each is hereby severally authorized to execute the licensing agreement for seismic data with Anschutz Exploration by, for, in the name of, and on behalf of the Town of Lansing. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Ruth Hopkins, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on January 16, 2013. AUTHORIZE THE RESTRUCTURING OF THE PLANNING AND CODES OFFICE: RESOLUTION 13-51 11 RESOLUTION AUTHORIZING THE RESTRUCTURING OF THE PLANNING AND CODES OFFICE The following Resolution was duly presented for consideration by the Town Board: WHEREAS, since 2005 the Town of Lansing has been mapping an organizational structure for a Department of Public Works ("DPW") which envisioned, ultimately and as the Town grew, that the Planning and Codes Department, the Highway Department, and the Parks & Recreation Department would merge into a central DPW, along with new positions as would then be needed to manage and inspect critical infrastructure relating to the provision of water, sewer, and stormwater drainage services; and WHEREAS, in 2006 an interim organizational chart placed the Planning and Codes Depailinent under the management of a professional planner, and it was then envisioned that a professional engineer would head the DPW, with the three departments therein each managed by existing and future department heads for such respective offices; and WHEREAS, an alternate plan in 2006 placed the DPW under the supervision of the Highway Superintendent in consideration of the water and sewer planning and maintenance issues that would be key to such DPW, and it was decided by the Town Board that both plans would remain viable and the issue would be continued to be studied; and WHEREAS, by 2008, the Personnel Committee had performed a detailed study of existing positions and the needs of the Town of Lansing, particularly in light of the growth of the Town, and the DPW plan was further implemented and updated to both try to save money, create efficiencies, and look for an engineer to head the Planning and Codes Office, in part as it was then envisioned that the DPW was but a year or two away; and WHEREAS, by 2011 and 2012 it became apparent that the DPW plan was in need of further updates and revisions, particularly in light of the need of the Town for professional planning given the sewer, proposed water district extensions, the growing complexity and diversity of housing and other subdivision and PDA applications, the development of a Town Center, the need to update the Comprehensive Plan, the need to develop a Town Center Master Plan, a Trails and Recreation Master Plan, and the need to re-vamp or replace the Town's zoning ordinance; and WHEREAS, in furtherance of this recognition the Town hired a professional municipal planner as a part-time consultant to see if planning services were essential to being able to efficiently move forward with the various goals of the Town; and WHEREAS, continuing through 2012 the Town examined and revisited the positions needed to fulfill the needs of the Town and the related organizational chart and personnel rosters and job descriptions of the Town of Lansing, and it was determined that the 2005 DPW plan had merit but, after over a decade of experience working with such proposed system, it was determined that the Planning and Codes office, though re-named in 2009, as well as the overall DPW growth plan, was in need of management by a professional planner, particularly in light of the several large planning-based projects arising in 2011 and 2012, and expected in 2013 and 2014; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has duly RESOLVED, that the Town Board hereby approves the amendment of the organizational chart and civil service roster of the Town of Lansing for the Planning and Codes Department, including the following changes: 1. The position of Planning and Engineering Coordinator will be eliminated; 12 2. The position of Building Inspector will return to and/or become a combined position of Building Inspector, Fire Inspector, and Code Enforcement Officer; and 3. A position of Planning Coordinator will be created; and it is further RESOLVED, that any position eliminated that results in a loss of employment for any existing Town employee shall be eligible for a reasonable severance package to be determined in the discretion of the Town Supervisor, and that upon the resignation of any such person, the Town Supervisor be and hereby is authorized, in her discretion, to execute any agreement memorializing such severance package by, for, on behalf or, and in the name of the Town of Lansing; and it is further RESOLVED, that the Town Personnel Officer immediately begin to develop the job descriptions and rosters necessary to implement such plan, including by coordinating the approval and grading of such positions with the NYS Civil Service Department and the Tompkins County Personnel Department; and it is further RESOLVED, that until formal filing of amended position descriptions with the Civil Service Department, the Building Inspector shall be and hereby is temporarily and provisionally appointed as the Town's Code Enforcement Officer, specifically including all duties thereof when acting in relation to enforcement and stormwater. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Kathy Miller, duly seconded by Councilperson Edward LaVigne, and put to a roll call vote with the following results: Councilperson Katrina Binkewicz Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on January 16, 2013. APPROVE AUDIT and BUDGET MODIFICATIONS: RESOLUTION 13-52 Councilperson Ruth Hopkins moved that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 013 DATED 12/31/12 AUDITED VOUCHER #'s 1302 — 1357 PREPAY VOUCHER #'s 1302 — 1304 AUDITED TA VOUCHER #'s 100 — 106 PREPAY TA VOUCHER #'s 100 FUND TOTAL APPROPRIATIONS GENERAL FUND $ 39,970.18 HIGHWAY FUND $ 34,374.09 LANSING LIGHTING $ 1 ,514.67 13 LANSING WATER DISTRICTS $ 3,876.81 TRUST & AGENCY $ 5,234.67 WARREN RD SEWER-CAPITAL PROJ $ 0.00 LANSING SEWER DISTRICTS $ 920.03 DEBT SERVICE $ 0.00 CONSOLIDATED ABSTRACT # 001 DATED 1/16/13 AUDITED VOUCHER #'s 1 — 55 PREPAY VOUCHER #'s 1 — 2 AUDITED T & A VOUCHER #'s 1 — 3 PREPAY T & A VOUCHER #'s FUND TOTAL APPROPRIATIONS GENERAL FUND $ 159,989.08 HIGHWAY FUND $ 152,969.78 LANSING LIGHTING $ 0.00 LANSING WATER DISTRICTS $ 5,483.49 TRUST & AGENCY $ 34,923.87 WARREN RD SEWER-CAPITAL PROJ $ 0.00 LANSING SEWER DISTRICTS $ 91.91 DEBT SERVICE $ 0.00 BUDGET MODIFICATIONS GENERAL FUND A 12/31/12 Year End FROM TO FOR AMOUNT A1990.400 A1110.120 From Contingency to Justice - Personal- Court Clerk $865.00 Reason Unanticipated Overtime A1990.400 A1110.130 From Contingency to Justice - Personal- Sr. Court Clerk $2,130.00 Reason Unanticipated Overtime A1990.400 A1110.400 From Contingency to Justice- Contractual $785.00 Reason Unanticipated Jury Trial, Training & Mileage A1220.130 A1380.400 From Prin Acct Clerk to Fiscal Agent- Bond Counsel $4,680.00 Reason Original Budget Underestimated A1410.400 A1410.110 From Town Clerk Cont to Deputy Clerk Personal $315.00 Reason Additional hours unanticipated A1440.400 A1420.400 From Engineer Contractual to Attorney Contractual $17,900.00 Reason Original Budget Underestimated A1420.408 A1420.400 From Atty Bus & Ind Park to Attorney Contractual $600.00 Reason Original Budget Underestimated A1990.400 A1430.400 From Contingency to Personnel Cont $418.00 Reason Original Budget Underestimated A1440.406 A1440.403 From Eng Misc Water Exts to Proposed Stand Alone Sewer $1,985.00 14 Reason Original Budget Underestimated A1440.408 A1440.403 From Eng Bus & Ind Park to Proposed Stand Alone Sewer $6,500.00 Reason Original Budget Underestimated A1620.403 A1620.100 From Buildings Electric to Buildings Personal Services $120.00 Reason Change in status from PT cleaner to FT cleaner A1620.403 A1620.400 From Buildings Electric to Buildings Contractual $3,000.00 Reason Original Budget Underestimated A1620.405 A1620.400 From Buildings Repairs to Buildings Contractual $285.00 Reason Original Budget Underestimated A1620.405 A1620.404 From Buildings Repairs to Buildings Telephone $420.00 Reason Original Budget Underestimated A1630.405 A1630.400 From Comm Cntr Repairs to Comm Cntr Cont $367.00 Reason Original Budget Underestimated A0511 A1630.405R From Reserves to Community Center Repairs Reserve $30,105.00 Upgrades and Renovations to be funded by Reserve Acct- Board Reason Approved From Grants Awarded to Community Center Repairs A2189 A1630.405R Reserve $2,500.00 Reason Monies from the TRIAD Foundation for the Comm Center Repairs A1640.406 A1640.403 From Town Barn Rd Strge Gas to Town Barn Rd Electric $5.00 Reason Original Budget Underestimated A1990.400 A5182.403 From Contingency to Street Lighting Contractual $72.00 Reason Original Budget Underestimated A7110.400 A7020.110 From Parks Contractual to Parks & Rec Admin Pers $2,636.00 Reason Additional hours unanticipated A1990.400 A7310.400 From Contingency to Youth Program Contractual $7,190.00 Reason Original Budget Underestimated A1910.400 A9010.800 From Unallocated Insurance to State Retirement $10,440.00 Reason Original Budget Underestimated GENERAL FUND B 12/31/12 Year End FROM TO FOR AMOUNT From Safety Inspector Clerk to Safety Inspector Persnl B3620.110 B3620.120 Srvces $95.00 Reason Original Budget Underestimated B3620.110 B8010.400 From Safety Inspector Clerk to Zoning Contractual $1,800.00 Reason Original Budget Underestimated B8010.402 B8010.400 From Zoning Legal to Zoning Contractual $850.00 Reason Original Budget Underestimated B8010.402 B8020.100 From Zoning Legal to Eng & Planning Person Srvcs $1.00 Reason Original Budget Underestimated B8010.403 B8020.402 From Zoning Engineer to Ping Brd Legal $2,000.00 Reason Original Budget Underestimated B8010.411 B8020.402 From Zoning Pd Cons to Ping Brd Legal $1,500.00 Reason Original Budget Underestimated B8020.401 B8020.402 From Ping Brd Engineer to Ping Brd Legal $1,985.00 Reason Original Budget Underestimated B8020.410 B8020.402 From Ping Brd Pd Stipend to Ping Brd Legal $220.00 Reason Original Budget Underestimated B1120 B9010.800 Increase Sales Tax to State Retirement $2,323.00 Reason Original Budget Underestimated B1120 B9060.800 Increase Sales Tax to Health Insurance $654.00 Reason Original Budget Underestimated HIGHWAY FUND DA 12/31/12 Year End FROM TO FOR AMOUNT DA9010.800 DA9060.800 From State Retirement to Health Insurance 295.00 Reason Underestimated Original Budget WATER DISTRICT SW 12/31/12 Year End 15 FROM TO FOR AMOUNT SW1990.400 SW8310.401 From Contingency to Engineer $2,976.00 Reason McKinney Water Main Project& Proposed CWD#3 SW1990.400 SW9010.800 From Contingency to State Retirement $698.00 Reason Original Budget Underestimated SW1990.400 SW9901.900 From Contingency to Transfers to Other Funds $252.00 Reason Transfer to Balance Capital Projects Account WARREN RD SEWER CAP PROJECT HA 12/31/12 Year End FROM TO FOR AMOUNT HA5031 HA8120.210 From Interfund Transfer to Const Engineer $4,710.00 Reason To close out Capital Project HA5031 HA9901.900 From Interfund Transfer to Transfer to Other Funds $10.00 Reason To close out Capital Project WARREN RD SEWER SS1 12/31/12 Year End FROM TO FOR AMOUNT SS1- SS1-2189 1380.400 Increase Grants Awarded to Fiscal Agent Fees $908.00 Reason To close out Capital Project SS1- SS1-2189 8120.200 Increase Grants Awarded to Sewer Equipment $25,562.00 Reason To close out Capital Project SS1- SS1-2189 8120.400 Increase Grants Awarded to Sewer Contractual $350.00 Reason To close out Capital Project SS1- SS1-2189 8120.401 Increase Grants Awarded to Sewer Engineer $483.00 Reason To close out Capital Project SS1- SS1-2189 9050.800 Increase Grants Awarded to Unemployment $8.00 Reason To close out Capital Project SS1- SS1-2189 9901.900 Increase Grants Awarded to Transfers to Other Funds $515,101.00 Reason To close out Capital Project The following Budget Modifications resulted from previous discussions held in the meeting with request from Councilperson Edward LaVigne and Councilperson Katrina Binkewicz as follows: BUDGET MODIFICATIONS GENERAL FUND A 12/31/12 Year End FROM TO FOR AMOUNT A7110.110 A7110.405 From Parks Personal Srvcs to Parks Repairs $1,875.16 Reason Move monies for Parks Repairs Encumbrance A7140.100 A7110.405 From PG & Rec Fields Pers Srvcs to Parks Repairs $1,962.93 Reason Move monies for Parks Repairs Encumbrance A7180.100 A7110.405 From Beach & Pool Prsnl Srvcs to Parks Repairs $373.29 Reason Move monies for Parks Repairs Encumbrance A7310.100 A7110.405 From Youth Program Prsnl Srvcs to Parks Repairs $3,832.65 Reason Move monies for Parks Repairs Encumbrance A7310.110 A7110.405 From Youth Program Prsnl Srvcs to Parks Repairs $1,542.00 Reason Move monies for Parks Repairs Encumbrance GENERAL FUND A 1/16/2013 Meeting 16 FROM TO FOR AMOUNT A599 A7110.405 From Fund Balance to Parks Repairs $2,500.00 Reason Upgrades to Myers & Ludlowville Prk- not in Original Budget A599 A7710.406 From Fund Balance to Parks Salt Point $3,000.00 Reason Management& Improvements at Salt Point- not in original Budget A599 A7110.410 From Fund Balance to Parks Marina Repairs $30,000.00 Reason To Complete Marina Repairs - not in Original Budget Supervisor Kathy Miller seconded the motion and it was carried by the following roll call vote: Councilperson Katrina Binkewicz Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye BOARD MEMBER REPORTS: Edward LaVigne: Mr. LaVigne dined with the Seniors again. The only bad news is that Norman Wheeler suffered a stroke a few days ago. The Seniors in general seem to be doing well and seem to be well funded. Woodsedge has a new administrator. They seem to be moving forward on the elevator. Katrina Binkewicz: Nothing to report at this time. Ruth Hopkins: Mrs Hopkins reported that the Comprehensive Planning Committee is moving forward with the survey to present to the community. Kathy Miller: Mrs. Miller indicated they need to set a date for a meeting with the Village of Lansing,possibly March 13th Monthly Report: The Supervisor submitted her monthly report for the month of December 2012 to all Board Members and to the Town Clerk. TOWN COUNSEL REPORT: Attorney Guy Krogh reported that the Morris's lost the last motion. However, they have made another motion this time with the Appellate Division. Supervisor Kathy Miller indicated Al Fiorille thought the County abandoned the road in 1930's after the big flood. Attorney Guy Krogh indicated that no records have shown up indicating this, but he will look into it. ENTER EXECUTIVE SESSION: RESOLUTION 13-53 Supervisor Kathy Miller moved to ENTER EXECUTIVE SESSION TO DISCUSS A CONTRACT AND THE HISTORY AND QUALIFICATIONS OF INDIVIDUAL SKILLS OF PLANNING BOARD AND ZONING BOARD OF APPEAL MEMBERS AT 7:53 PM. Councilperson Katrina Binkewicz seconded the motion and it was carried by the following roll call vote: Councilperson Katrina Binkewicz Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye EXIT EXECUTIVE SESSION: RESOLUTION 13-54 17 Councilperson Edward LaVigne moved to EXIT EXECUTIVE SESSION AT 8:38 PM. Councilperson Katrina Binkewicz seconded the motion and it was carried by the following roll call vote: Councilperson Katrina Binkewicz Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye ADJOURN MEETING: RESOLUTION 13-55 Councilperson Edward LaVigne moved to ADJOURN THE JANUARY 16, 2013 TOWN BOARD MEETING AT 8:40 PM. Councilperson Katrina Binkewicz seconded the motion and it was carried by the following roll call vote: Councilperson Katrina Binkewicz Aye Councilperson Ruth Hopkins Aye Councilperson Edward LaVigne Aye Supervisor Kathy Miller Aye Minutes taken and executed by the Town Clerk. Respectfully submitted, Debbie S. Crandall 18